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Law, Religion and the Environment in Africa

This volume explores themes of ecotheology, ecofeminism, environmental pollution and degradation, climate change, human and environmental rights, sustainable development, human-animal relations through totem and taboo, sacred sites and spaces, and other environmental topics in ways that add immeasurably to the study of African environmentalisms and the interaction of law and religion. In terms of religion, the capability of humans not only to sin and destroy the earth, but also to repair and redeem it, is very much in evidence across Christianity, Islam and Africa’s many indigenous religious and cultural traditions. In terms of law, the need for effective policies and for states and governments to work with indigenous groups and communities towards environmental solutions is also apparent.

This volume explores themes of ecotheology, ecofeminism, environmental pollution and degradation, climate change, human and environmental rights, sustainable development, human-animal relations through totem and taboo, sacred sites and ...

Muslim Law Courts and the French Colonial State in Algeria

Allan Christelow examines the Muslim courts of Algeria from 1854, when the French first intervened in Islamic legal matters, through the gradual subordination of the courts and judges that went on until World War I. Originally published in 1985. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions.

Social Institutions and International Human Rights Law

Every Organ of Society

Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.

Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.

Minority Rights, Feminism and International Law

Voices of Amazigh Women in Morocco

Investigating minority and indigenous women’s rights in Muslim-majority states, this book critically examines the human rights regime within international law. Based on extensive and diverse ethnographic research on Amazigh women in Morocco, the book unpacks and challenges generally accepted notions of rights and equality. Significantly, and controversially, the book challenges the supposedly ‘emancipatory’ power vested in the human rights project; arguing that rights-based discourses are sites of contestation for different groups that use them to assert their agency in society. More specifically, it shows how the very conditions that make minority and indigenous women instrumental to the preservation of their culture may condemn them to a position of subalternity. In response, and engaging the notion and meaning of Islamic feminism, the book proposes that feminism should be interpreted and contextualised locally in order to be effective and inclusive, and so in order for the human rights project to fully realise its potential to empower the marginalised and make space for their voices to be heard. Providing a detailed, empirically based, analysis of rights in action, this book will be of relevance to scholars, students and practitioners in human rights policy and practice, in international law, minorities’ and indigenous peoples’ rights, gender studies, and Middle Eastern and North African Studies.

Investigating minority and indigenous women’s rights in Muslim-majority states, this book critically examines the human rights regime within international law.

Customary and Shari'ah Law in Arabian Society

The society and legal systems of Southern Arabia, both ancient and modern, form the subject of this second collection of articles by Professor Serjeant. His approach has been to make a detailed study of modern social structures and legal customs and to relate these to what we know of ancient society and law. The traditional tribal society of the region, he argues, has preserved in its customary law and practice a very great deal that derives directly from the pre-Islamic period, whereas the shari'ah, the law of Islam, though stemming from the same sources, has often diverged significantly from it. An understanding of the modern situation, therefore, is of immediate relevance to the interpretation of pre- and early-Islamic society. Among the particular topics covered are the interplay between tribal affinities and religious authority, marriage legislation and the "Frankish chancre" or (syphilis), and maritime customary law. From an ethnographic viewpoint, furthermore, these studies record peoples and lifestyles that have been increasingly overwhelmed by contemporary events. Les sociétés et les systèmes juridiques de l'Arabie du Sud, moderne et ancienne, sont le thème de ce recueil d'articles par le professeur Serjeant. Il aborde le sujet avec une étude des structures sociales modernes, ainsi que du droit coutumier, puis les rattache à ce qui est connu de la société et du droit anciens. La société tribale traditionnelle de la région, affirme-t'il, a conservé un grand nombre d'us et coutumes trouvant des origines directes au cours de la période pre-islamique, alors que le droit de l'Islam, le shari'ah, bien qu'issu des mÃames sources, s'en éloigne de façon significative. Le fait de comprendre la situation moderne a donc un rapport immédiat avec toute interprétation de la société islamique à ses débuts. Parmi les thèmes spécifiques que couvre l'auteur, se trouvent le droit marital et le "chancre" franc (syphilitique), le droit

The society and legal systems of Southern Arabia, both ancient and modern, form the subject of this second collection of articles by Professor Serjeant.

Cultural Diversity and the Law

State Responses from Around the World : Proceedings of the Colloquium "The Response of State Law to the Expression of Cultural Diversity," Brussels, September 2006

In the twenty-first century nearly all countries face the reality of 'cultural diversity', a concept that refers to the presence, and, increasingly, the affirmation of diverse cultures within the borders of particular political communities. This process appears to be in full swing. In Europe, for instance, the migratory waves of the post-war period gave rise to new sociological and cultural circumstances within the various states. The multiplicity of cultures and the spread of various religions from other parts of the world cause ongoing turmoil. Outside of Europe, diversity is often connected with colonial history. In the face of this widespread phenomenon, different states adopt different positions. Either cultural differences lead to problems that are difficuit to manage, or the differences are more or less integrated or given a formal structure. Between these two potes there are many nuances, ranging from a rejection of differences to their toleration and finally their recognition. The essays in this collection show the various ways in which the law responds to this situation. They make clear that liberalism's official blindness to differences, and its tendency to subordinate them to an abstract notion of equality, has become increasingly problematic. If the state does not respond in an appropriate way to the daim for valorisation of diversity, it risks leaving the question of identities to strategic manipulation, thereby leading to a process of cultural and identity fragmentation. The ambition common to the authors - over 30 - who contributed to this volume is to take the reflection further, by providing a manifold illumination of the various situations examined from ail over the world. They share the conviction that greater attention to the reality of legal pluralism will improve the lives of many in quite practical ways. It is also their view that, as a normative matter, justice requires that jurists take greater care in evaluating the worldviews and value systems of the groups that reside within a state.

Between these two potes there are many nuances, ranging from a rejection of differences to their toleration and finally their recognition. The essays in this collection show the various ways in which the law responds to this situation.

Islamic International Law and Jihad (War) Law Handbook

2011 Updated Reprint. Updated Annually. Islamic International Law and Jihad (War) Law Handbook

2011 Updated Reprint. Updated Annually. Islamic International Law and Jihad (War) Law Handbook

The Law Affecting Foreigners in Egypt

As the Result of the Capitulations, with an Account of Their Origin and Development

The world is divided into two parts , or houses — the Dar - el - Islam , or the
House of the Mohammedans , and the Dar - el - Harb , or the House of the Enemy
. The division is simple , and the fundamental principle which governs the
relations ...

Issues in Islamic Law

"The three volumes of the Ashgate Islamic Law series cover all three aspects of Islamic law"--Volume I, page ix.

"The three volumes of the Ashgate Islamic Law series cover all three aspects of Islamic law"--Volume I, page ix.

Roman Law in the Modern World: History of Roman law and its descent into English, French, German, Italian, Spanish, and other modern law

The Mohammedan jurists Auzay and Shafei , ” the latter one of the four founders
of Islamic ... But , not wishing to appear as borrowers , the framers of Islamic law
always claimed that their conclusions were in harmony with the spirit of Islam ...